§ 46-20. Definitions; procedure.

(a)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Line of vegetation means the extreme seaward boundary of natural vegetation which spreads continuously inland.

Mobile vending vehicle means any vehicle from which any commodity is offered to the public for sale.

Public beach means any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation, bordering on the Gulf of Mexico and within the incorporated limits of the village, to which the public has acquired the right of use or easement to or over the area by prescription, dedication, presumption or has retained a right by virtue of continuous right in the public since time immemorial as recognized by law and custom.

Shoulder means the portion of the street or road that is contiguous to the roadway, designed or ordinarily used for parking, set off from the roadway by a different design, construction or marking and not intended for normal vehicular traffic or travel.

(b)

The definitions set forth in V.T.C.A., Transportation Code ch. 541 of the Uniform Act are hereby incorporated herein by reference and made a part of this article as if copied in full at this point in this article.

(c)

Whenever the construction or application of this article requires a determination of the location of the public beach, such determination shall be made in the manner provided in V.T.C.A., Natural Resources Code ch. 61.

(d)

In any action tried in the municipal court of the village or any other court of competent jurisdiction, proof of the existence of any speed limit sign on or alongside any public beach or street within the corporate limits of the village shall constitute prima facie proof of all facts necessary to establish the proper and lawful designation of the speed limit thereon stated at such place and the proper and lawful installation of such sign by competent authority. In any action tried in the municipal court of the village or any other court of competent jurisdiction, proof of the existence of any traffic control device or any traffic control signal, as those terms are defined in the Uniform Act, on or alongside any public beach or street in the village shall constitute prima facie proof of all facts necessary to establish the proper and lawful installation of such device or signal at such place by competent authority; provided, however, the prima facie proof herein provided for may be rebutted by any party to such action.

(Ord. No. 47, § 1(1.3), 9-11-1978; Ord. No. 95, § 1, 6-14-1982)